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Clifford Chance | United Kingdom | 23 Sep 2021

Serious irregularity challenge to arbitral award upheld

The High Court has upheld a claimant's challenges to an arbitral award made under section 68 of the Arbitration Act, determining that the arbitration tribunal had failed to provide the parties with an opportunity to address the issues on which it based its decision before issuing an award and wrongly rejected the claimant's application to amend its statement of case. This judgment underlines......
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Khaitan & Co | India | 16 Sep 2021

Challenge under section 16 of the Arbitration and Conciliation Act 1996 – interim order or interim award?

The question of whether the order of an arbitral tribunal adjudicating on a challenge under section 16 of the Arbitration and Conciliation Act 1996 is an interim order or an interim award has been the focus of much attention. It is a pertinent question since the answer could change the course of Indian arbitration proceedings. The differing approaches taken by the courts, the subsequent......
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Allen & Overy LLP | Slovakia | 16 Sep 2021

Slovak Supreme Court continues arbitration-friendly approach

A recently published order of the Supreme Court has continued the trend of courts deferring to arbitral findings and a general friendliness towards arbitration. The court order provides welcome reassurance that, on annulment, the Slovak courts will not interfere with substantive findings of arbitral tribunals, and that clerical errors are not grounds for annulment.
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Freshfields Bruckhaus Deringer | France | 16 Sep 2021

Paris Court of Appeal reaffirms "red flags" approach to corruption allegations in set aside proceedings

In two recent cases the Court of Appeal reaffirmed its previous decisions that an award should be set aside when there are serious, specific and consistent indicators that it enforces a contract tainted by corruption. In each of these decisions, the Court applied what appears to be a consistent standard of review, but reached opposite conclusions. The Court's reasoning in these cases provides......
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Norton Rose Fulbright | USA | 16 Sep 2021

Recovering costs of enforcement and interest

Where a losing party refuses to honour an award, the winning party will need to go through the legal process of recognition and enforcement of the award in all jurisdictions where the losing party has assets. In doing so, the winning party can incur not-insignificant costs. An important question for parties seeking enforcement is whether a court will grant a winning party their lawyers' fees,......
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Ogier | Cayman Islands | 9 Sep 2021

Snapshot: implementing Cayman Islands charging orders in aid of enforcing foreign arbitral awards

In a recent decision, Justice Segal provided welcome clarification of the grounds on which the Cayman Islands Grand Court will grant an order for sale of shares in a Cayman Islands company secured by way of a charging order absolute in support of the enforcement of a foreign arbitral award. This decision highlights that a charging order can be used as an effective remedy to support the......
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Norton Rose Fulbright | Global | 2 Sep 2021

Top 10 considerations for drafting arbitration agreements

Arbitration agreements are often treated as one-size-fits-all precedents that are included in commercial contracts without much thought. This approach can be counterproductive and result in increased time, cost and complexity to resolve disputes. A well-drafted arbitration agreement, taking into account the issues identified by this article, may serve to mitigate those risks.
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Khaitan & Co | India | 2 Sep 2021

Courts hearing challenges to arbitral awards have no power to modify such arbitral awards

The Arbitration and Conciliation Act 1996 is the substantial Indian legislation that regulates arbitration proceedings. Section 34 of the act deals with the court's power to set aside an arbitral award. It contemplates a restricted set of grounds for any court to interfere with an arbitral award pronounced by an arbitral tribunal. This article examines the case law relating to this provision.
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Clasis Law | India | 31 Aug 2021

Can courts adjourn proceedings if arbitral tribunals fail to address primary issues?

The Airports Authority of India approached the Delhi High Court to set aside an arbitral award passed in favour of Bentwood Seating Systems (BSS) Pvt Ltd under section 34 of the Arbitration and Conciliation Act 1996. BSS filed an application under section 34(4) of the act, seeking an adjournment of the petition so that the arbitral tribunal could resume proceedings and provide further reasons......
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Kubas Kos Gałkowski | Poland | 26 Aug 2021

Arbitration clause in lease agreement does not bind property buyer

Disputes can often occur in the real estate market when a commercial property for lease is acquired from developers by investment funds. Such sales usually happen after the first lease agreements have been concluded; these agreements often contain arbitration clauses. Stakeholders should carefully consider Supreme Court case law regarding whether an arbitration clause in such an agreement......
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